Taste Tavern Inc., D/B/A Tavour Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Effective Date: June 1st, 2012
Last Modified: June 1st, 2016

Tavour Inc., provides the website available at Tavour.com, the mobile application for Tavour, and all related Products, Services, Communications, and Information from Tavour and its suppliers and affiliates (“Site” or “Service” or Tavour” or “we”) to the user (“you”) subject to the terms and conditions of use (these “terms of use” or “agreement”). Please read these terms of use carefully before using the service. BY USING TAVOUR IN ANY WAY, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN WHETHER OR NOT YOU ARE A REGISTERED MEMBER OF THE SITE. If you do not agree to all provisions of this agreement, do not use the site. By using the site following any modifications to the terms of use, you agree to be bound by any such modifications. We encourage you to drink responsibly. If you choose to enjoy adult beverages, do not drive.

Changes to the Site Terms

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. All changes to these Terms of Use will indicate the date these terms were last revised at the top of this page. You acknowledge and agree that the form and nature of these Terms of Use may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use.

Membership

  1. This Site is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. You certify that you are at least 21 years of age and legally reside in the United States. Persons under 21 years of age are prohibited from using this Site in any way. If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site.
  2. You agree to use this Site for personal purposes and non-commercial use, and Tavour does not grant you any express or implied rights to access or use the Service for any other purpose. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms of Use and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by Tavour and that you will not access Tavour by any other means other than through the interface provided.
  3. In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to Tavour will always be accurate, correct and up to date.
  4. You agree that you will not reproduce, copy, sell, barter, or trade any information you access on Tavour.
  5. You agree that you are solely responsible for any breach of your obligations under the Terms of Use and for the consequences of such breach, including any loss or damage Tavour may suffer. You also agree that Tavour has no responsibility to you or to any third party for your breach of the Terms of Use and for the consequences of such breach.
  6. Interactions with our members and amongst our members are a integral part of the experience of using Tavour. You agree that we reserve the right to cancel or terminate your membership for any violation of our terms of use or with or without notice. Any fraudulent behavior, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks, either on Tavour or to Tavour, our Vendors, our members or any third party, or any will not be tolerated.
  7. You are solely responsible for your interactions with other Tavour members. Tavour reserves the right, but has no obligation, to monitor disputes between you and other Members.
  8. Tavour may terminate your membership at any time, with or without warning and with or without cause. Even after your membership is terminated, this agreement will remain in effect. You may terminate your membership at any time, for any reason, by contacting us by email at support@tavour.com. Requests for account termination may also be made in writing to:
    Tavour, Inc - Account Termination

    321 3rd Ave S. Suite 208,
    Seattle, WA 98104
    United States of America

Passwords, Privacy and Security

  1. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
  2. You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at support@tavour.com.
  3. You acknowledge that you have read, understood and will comply with the terms of our privacy policy, available at https://www.tavour.com/privacy-policy. The Privacy Policy is, by this reference, incorporated into these terms of use.

Transactions

  1. In all instances, any solicitation, invitation, offer, advertisement or communication to purchase from Tavour is void where prohibited by law.
  2. If you wish to purchase any service or product made available by Tavour, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to Tavour the right to provide such information to third parties consistent with our privacy policy and their privacy policies. If you have any questions regarding a Vendor's privacy policy, please contact support@tavour.com before purchasing a product or service.
  3. In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. By placing an order, you represent that you are 21 years of age or older and you authorize Tavour to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Tavour makes no representation as to the right of any person to import any product in to any state. Some state regulations require a business address for shipment and in those states, you represent that the address you have provided is a business address.
  4. Any crates that are refused or unable to be delivered by our common carriers will be returned at your expense. Any and all refunds are processed per our "Cancellations And Returns" Policy" which outlines the restocking fee based on the days since the order was placed. According to this, orders placed after 7 days cannot be refunded.
  5. All invitations to purchase from Tavour are not guaranteed until a credit card charge is complete. Requests to purchase a service or product without a credit card on file will be held for a specified period of time which will be communicated on each instance of a request from you. The period of time a product will be “held” for you is subject to change without notice.

Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please provide Tavour Inc. with the following information:

(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Service that is requested to be removed;
(c) your name, address, and daytime telephone number, and an e-mail address if available, so that Tavour, Inc. may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Tavour, Inc's Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:

Tavour, Inc – Copyright
321 3rd Ave S. Suite 208
Seattle, WA 98104
United States of America

Tavour will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

Disclaimer of Warranties

The service is provided “AS IS”. Tavour Inc., makes no representation or warranty of any kind whatsoever relating to the service, linked sites, or other content that may be accessible directly or indirectly through the service. Tavour Inc., disclaims to the maximum extent permitted by law and all such representations and warranties.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TAVOUR, INC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY TAVOUR, INC, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TAVOUR, INC OR ANY THIRD PARTY.

Tavour makes no warranties or representations, express or implied, (a) that the information provided through the service will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the service will be available at any particular time or location; (c) that defects or errors in the service will be corrected; OR (d) that the content on the service is free of viruses or other harmful components. Any information on the service is subject to change without notice and Tavour Inc, disclaims all responsibility for such changes.

Any and all pricing, delivery, or contract information is subject to final confirmation by Tavour, Inc. Your reliance on such information provided solely through the service is at your own risk.

Limitation of Liability

IN NO EVENT WILL TAVOUR, INC OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE, YOU RELEASE TAVOUR, INC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TAVOUR, INC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TAVOUR, INC's liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Service (including without limitation through the Share Service), your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of this Agreement or of any law or the rights of any third party.

Choice of Law and Forum

The Agreement is subject to the laws of the State of Washington. If there is any dispute between us concerning the Agreement or your access to or use of the Service, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association.

Intellectual Property

  1. You acknowledge and agree that all information (the "Information") that you have access to may be protected by the intellectual property rights of Tavour, our Vendors or third parties. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
  2. As between you and the Tavour, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site provided to you, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site, Products or Services. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. Any use of the Site except as otherwise provided herein, are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws and may be subject to liability for such unauthorized use.
  3. We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use Tavour. This license is for the sole purpose of enabling you to use and enjoy the Site and services as provided in the manner permitted by these Terms and Conditions.
  4. Unless specifically requested, Tavour does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to Tavour will be deemed not to be confidential or secret. By submitting or sending information or other material to Tavour you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to Tavour you grant Tavour the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived.

Acceptance of Terms

  1. Electronic Signature. This Agreement is an electronic contract that governs your use of and access to the Service. By accepting these terms, you create an electronic signature that has the same legal force and effect as a handwritten signature.
  2. Electronic Form. When you accept this Agreement, you also consent to have the Agreement provided to you in electronic form and agree to receive information about your account electronically. Tavour reserves the right to send you information about your account by postal mail.
  3. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign it. To receive a non-electronic copy of the Agreement, please send an e-mail to support@tavour.com or a letter and self-addressed, stamped envelope to:


    Tavour, Inc - Terms of Use Request
    321 3rd Ave S. Suite 208
    Seattle, WA 98104
    United States of America

  4. Withdrawing Your Consent: You have the right at any time to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent to have the Agreement provided to you in electronic form, you will no longer be enrolled in the Service and you will not be able to access password-protected areas of the Service. We only will issue you a new username and password for the Service after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon request. To withdraw your consent and/or request a non-electronic copy of the Agreement, please send an email to support@tavour.com or a letter and self-addressed stamped envelope to:


    Tavour, Inc – Withdrawal of Consent Request
    321 3rd Ave S. Suite 208
    Seattle, WA 98104
    United States of America

  5. Your withdrawal of consent will be effective within a reasonable time after Tavour receives the notice described above, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Agreement.
  6. Access and Retention. In order to access and retain the Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.

No Waiver

The failure of Tavour to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous

  1. These Terms of Use constitute the whole legal agreement between you and Tavour and govern your use of the Site and completely replace all prior agreements between you and Tavour in connection with the Site.
  2. You acknowledge and agree that each subsidiary and affiliate of Tavour shall be third party beneficiaries to the Terms of Use and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
  3. The Terms of Use and the relationship between you and Tavour shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You and Tavour agree that any cause of action, dispute or claim that may arise between you and Tavour shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
    1. (a) claims arising out of or related to any aspect of the relationship between you and Tavour, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
    2. (b) claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
    3. (c) claims that may arise after the termination of these Terms of Use. You agree that you and Tavour are each waiving the right to trial by jury or to participate in a class action. You and Tavour agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you and Tavour agree that an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. These Terms of Use evidence a transaction in interstate commerce, and thus, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use.
  4. You and Tavour each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located in Seattle, WA. Notwithstanding any other provision herein, you agree that Tavour shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
  5. We control and operate this Site from our offices in Seattle, WA. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  6. Software available in connection with Tavour.com is further subject to United States export controls. No Software may be downloaded from the Tavour Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  7. When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals.